The main judge of India Br Gavai said on Friday that the Indian legal system is governed by the rule of law and not the “Bulldozer” rule.
CJI Gavai gave a lecture on Sir Maurice Rault Memorial a lecture on Mauritius at the “rule of law in the largest democracy”, referring to his own verdict, which depreciated “Bulldozer’s justice”.
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Sir Maurice Rault, a well -known lawyer, was the main judge of Mauritius from 1978 to 1982.
Judge Gavai, who was an official visit to the island nation, emphasized the principle of the rule of law and its extensive interpretation of the Supreme Court in India, said: “The judgment sent a clear report that the Indian rule of law is governed by the rule of the Bulldozer.”
What was the judgment of CJI in the case of “bulldozer justice”?
In November 2024, the judgment on the “Bulldozer of the Justice” of the Supreme Court ruled that the demolition of the accused houses in response to alleged crimes bypasses legal processes, violates the rule of law and violates fundamental rights under Article 21.
“Furthermore, it was decided that the executive could not take over the role of the judge, the jury and the execution of the representative at the same time,” Cji said.
Justive Gavai gave a lecture in the presence of President Mauritius Dharambeer Gokhool, Prime Minister Navinchandra Ramgoool and Chief Judge Rehan Mungly Gulbul.
In his address, CJI referred to various milestone judgments of the top court, including the verdict of Kesavanand Bharati from 1973, which brought the doctrine of the basic structure and attached the powers of the parliament to change every piece of the constitution.
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“Over the last 75 years since the adoption of the Indian Constitution, the concept of a rule of law has developed far beyond legal texts, and has penetrated the same as social, political and constitutional discourse,” he said.
“Laws adopted to remedy historical injustice”
Judge Gavai stated in the social sphere that the laws were adopted to remedy historical injustices and the marginalized communities often caused them and the language of the rule of law itself to promote their rights against rooted oppression systems.
“In the political arena, the rule of law serves as a scale of good administration of public and social progress, which stands in sharp contrast to the wrong government and injustice, where institutions and public officials could otherwise avoid responsibility,” he said.
“The statutory rule is not just a set of rules”
Judge Gavai, referring to the contributions of Mahatmy Gandhi and Br, said that their vision has shown that in India “the rule of law is not a set of rules”.
“This is an ethical and moral framework aimed at promoting equality, protecting human dignity and driving administration in a diverse and complex society,” he said.
CJI referred to a recent remarkable verdicts, including the one who canceled the practice of an immediate triple talac among Muslims.
He also emphasized the judgments if they question the law on adultery and the scheme of election bonds.
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“Together, these four judgments show how the Supreme Court has developed a rule of law as an essential principle that uses it to intervene laws that are apparently arbitrary or unfair,” he said.
“The right to privacy as a fundamental right”
Justice Gavai also emphasized the importance of the judgment that considered the right to privacy as a fundamental law.
The Indian legal system is governed by the rule of law, not the government of the bulldozer.
“This articulation underlines that when it is understood as the main principle of constitutionality, the rule of law operates on procedural and substantial levels: it limits arbitrary measures by the state, guarantees equality before the law and puts democratic responsibility across all fields and levels of public affairs,” he said.
(Tagstotranslate) rule of law
